[HISTORY: Adopted by the Town Board of the
Town of Mamaroneck 4-1-1970 by L.L. No. 1-1970 (Ch. 38 of the 1975
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Tenant protection — See Ch. 202.
[Amended 7-17-1996 by L.L. No. 14-1996]
The Town Board hereby finds and declares that
acts of prejudice, intolerance, bigotry and discrimination which deny
a person the opportunity to sell, purchase, lease, rent or obtain
financing for the purchase or lease of housing accommodations because
of race, creed, color, national origin, sex, sexual preference or
disability threaten the fundamental rights and privileges of residents
and/or those seeking residency in the Town of Mamaroneck and undermine
the foundations of a free, democratic state. The Town Board further
declares it to be public policy of the Town of Mamaroneck to eliminate
and prevent discrimination and segregation based on race, creed, color,
national origin, sex, sexual preference or disability and to safeguard
the right of every person to sell, purchase, lease or rent or obtain
financing for the purchase or lease of land and housing accommodations
without regard to race, creed, color, national origin, sex, sexual
preference or disability. In accordance with this policy, it shall
be the duty of all Town officers, officials and employees to exercise
any governmental function relating to the use, sale or occupancy of
land, real property or housing accommodations in such manner, consistent
with law, that all discrimination be prevented.
For the purpose of this chapter, the terms used
herein are described as follows:
The Counsel to the Town or other attorney at law acting on
behalf of the Town of Mamaroneck.
The respondent shall make the specific housing accommodation
available to the complainant.
Any place in which human habitation is permitted by Town
ordinances.
Includes ancestry.
One or more individuals, partnerships, associations, corporations,
legal representatives and successors, trustees in bankruptcy or receivers.
The plural shall include the singular and vice versa.
Any person charged with a violation of the provisions of
this chapter.
All land in the geographical boundaries of the Town and any
lands held in a proprietary capacity by the Town outside said geographical
limits, but no land in incorporated villages.
A.
No person or agent acting on behalf of any person
shall:
[Amended 7-17-1996 by L.L. No. 14-1996]
(1)
Refuse to sell, rent or lease any housing accommodation or land in the Town of Mamaroneck to any person or persons or refuse to accept an application from or negotiate for the sale, rental or lease of any housing accommodation or land to any person or persons or represent that any housing accommodation or land is not available for inspection, sale, rental or lease when in fact it is so available or otherwise deny or withhold any housing accommodation or any facilities of any housing accommodation or land from any person or persons because of race, creed, color, national origin, sex, sexual preference or disability of such person or persons. The provisions of this § 86-3A(1) shall not apply to the rental of a housing accommodation in a building which contains housing accommodations for not more than two families who live independent of each other if the owner or members of his family reside in one of such housing accommodations or to the rental of a room or rooms in a housing accommodation designed for a one-family occupancy if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and he or members of his family reside in such housing accommodation.
(2)
Discriminate against any person because of his race,
creed, color, national origin, sex, sexual preference or disability
in the terms, conditions or privileges of the sale, rental or lease
of any housing accommodation or in the furnishing of facilities or
services in connection therewith.
(3)
Print or circulate or cause to be printed or circulated
any statement, advertisement or publication or use any form of application
for the purchase, rental or lease of any housing accommodation or
land or make any record of inquiry in connection with the prospective
purchase, rental or lease of any housing accommodation or land which
expresses, directly or indirectly, any limitation, specification or
discrimination as to race, creed, color, national origin, sex, sexual
preference or disability or any intent to make any such limitation,
specification or discrimination.
B.
No person, bank, trust company, private banker, savings
bank, industrial bank, savings and loan association, credit union,
investment company, mortgage company, insurance company or other financial
institution or lender doing business in the Town of Mamaroneck (and,
if incorporated, regardless of whether incorporated under the laws
of the State of New York, the United States or any other jurisdiction)
or any officer, agent or employee thereof to whom application is made
for financial assistance for the purchase, acquisition, construction,
rehabilitation, repair or maintenance of any housing accommodation
or land in the Town of Mamaroneck shall:
[Amended 7-17-1996 by L.L. No. 14-1996]
(1)
Discriminate against any such applicant or applicants
because of the race, creed, color, national origin, sex, sexual preference
or disability of such applicant or applicants or of any member, stockholder,
director, officer or employee of such applicant or applicants or of
the prospective occupants or tenants of such housing accommodation
or land in the granting, withholding, extending or renewing or in
the fixing of the rates, terms or conditions or any such financial
assistance.
(2)
Use any form or application for such financial assistance
or make any record of inquiry in connection with applications for
such financial assistance which expresses, directly or indirectly,
any limitation, specification or discrimination because of race, creed,
color, national origin, sex, sexual preference or disability.
C.
No person shall aid, abet, incite, compel or coerce
the doing of any of the acts forbidden under this chapter or attempt
to do so.
D.
No person engaged in any activity to which this chapter
applies shall retaliate or discriminate against any person because
such person has opposed any practices forbidden under this chapter
or because such person has filed a complaint, testified or assisted
in any proceeding under this chapter.
A.
The Counsel to the Town of the Town of Mamaroneck is authorized to receive at all times verified complaints setting forth, in writing, the following: the name and address of the property owner; the address of the property involved; the name and address of the individual, agent or lending institution which allegedly engaged in one of the acts prohibited by § 86-3 of this chapter; and a detailed statement describing the alleged prohibited act.
B.
Upon receipt of such complaint, the Counsel to the
Town shall forthwith serve copies thereof upon the following:
C.
Immediately after receipt of the complaint, but no
later than three business days thereafter, the Counsel to the Town
shall conduct an investigation to determine whether the complaint
has merit and, if he finds such to be the case, shall attempt to obtain
from the respondent a written agreement to withhold the housing accommodation
in question from sale or rental for a reasonable period pending disposition
of the complaint and, by conference and conciliation, to effect the
elimination of the discriminatory practice. The Town of Mamaroneck
Commission on Human Rights may participate in such investigation in
such manner as it may deem to be proper.
D.
The Counsel to the Town is hereby authorized to apply
to a court of competent jurisdiction for a restraining order or temporary
injunction, or both, to compel compliance with or prevent a breach
of this chapter.
E.
If the respondent agrees to the elimination of the discriminatory practice, such agreement shall be reduced to writing, shall be subscribed by the respondent and shall contain a provision that the respondent will refrain from the commission of discriminatory practices in the future and may contain such further provisions as are agreed upon between the respondent and the Counsel to the Town. Any such agreement shall be subject to ratification by the Commission on Human Rights. The Counsel to the Town shall not otherwise disclose what has transpired in the course of such endeavors, except as provided in § 86-4F immediately following.
F.
In the event that conference and conciliation fail
to produce an agreement for the elimination of the discriminatory
practice, the Counsel to the Town shall promptly seek the imposition
of a fine, as hereinafter provided, for any violation of this chapter
and may, at the request of the complainant, refer the entire record
of the proceedings conducted by his office to the New York State Division
on Human Rights for appropriate action.
A.
Any person who shall engage in any of the acts prohibited by § 86-3 of this chapter, as hereinabove defined, shall be subject to a fine for the first offense of not less than $500 nor more than $1,000 or imprisonment for a period not to exceed five days, or both, and for each and every subsequent offense shall be subject to a fine of not less than $1,000 nor more than $2,500 or imprisonment for a period not to exceed 15 days, or both.
B.
Any person who shall execute a verified complaint
falsely charging another with any of the prohibited acts, as hereinabove
defined, knowing such charge to be false, shall be subject to a fine
of not more than $500.
